Paragraph 2 out-of Article twenty six talks of “a divorce proceedings x x x validly acquired abroad of the alien companion capacitating your partner in order to remarry. ” Considering a very clear and you will basic training of the supply, it simply necessitates that indeed there end up being a divorce validly received overseas. The new Legal is restricted of the terminology of one’s law; none can we set words regarding mouths of the lawmakers. “The legislature was presumed to know the meaning of the terms and conditions, for put conditions advisedly, and to keeps shown its intent by the use of such as terminology since are observed on statute. Verba legis non est recedendum, otherwise throughout the words off a statute there should be zero departure.”
Of course, if, in the interest of argument, your term “obtained” are interpreted to imply that the latest separation proceeding should be indeed started from the alien mate, nonetheless, the latest Legal will not follow the letter of statute whenever to achieve this perform depart about correct intention of one’s legislature or perform or even yield findings contradictory towards general-purpose of one’s act. Legislation has actually finishes to achieve, and you can guidelines should be thus construed due to the fact not to overcome but to look at such as stops and aim. Given that held within the Category off Cities of your own Phils., ainsi que al. vELEC, mais aussi al.:
This new letter of the law does not consult the alien lover should be the one who started the new continuing when the breakup decree was provided
This new legislative purpose is not moments accurately shown during the the manner where in actuality the ensuing law try couched. In order to obviate which aberration, and you may bearing in mind the principle that the intention or even the heart of your laws ‘s the law in itself, resorts is to try to the brand new laws that spirit of the legislation regulation their letter.
So you can repeat, the intention of Paragraph 2 from Post twenty six is always to end the brand new ridiculous state in which the Filipino spouse remains hitched into alien mate just who, immediately after a foreign divorce decree that is great at the nation in which it had been rendered, no longer is married to your Filipino partner. The latest supply are a restorative measure to handle an anomaly in which brand new Filipino mate are linked with the wedding just like the international spouse is free so you can wed in laws out-of their or their nation. Whether or not the Filipino spouse started the international divorce continuing or not, a great decree dissolving the marriage bond and you will capacitating his otherwise their unique alien mate https://lovingwomen.org/fi/blog/costa-rican-treffisivustot/ to ree result: the fresh Filipino lover tend to efficiently become rather than a wife or husband. A beneficial Filipino just who started a foreign divorce or separation continuing is in the same set as well as in “like situation because the a great Filipino that is on getting stop out-of an enthusiastic alien started continuing. Ergo, the niche provision cannot create a difference. In both like, it’s offered as a means to understand the residual effect of one’s foreign split up decree toward Filipinos whose marital ties in order to their alien partners is actually severed by process of latter’s federal rules.
Thus, using a beneficial verba legis otherwise purely exact interpretation regarding a statute may offer they worthless and you will trigger trouble, a ridiculous problem otherwise injustice
Easily invoking the brand new nationality principle is actually incorrect. For example concept, discovered below Article 15 of your Municipal Password, isn’t an absolute and you can unbending rule. In reality, new mere lifetime out-of Paragraph dos out-of Blog post twenty-six is actually an effective testament your Condition might provide getting an exclusion thereto. Furthermore, blind adherence on the nationality principle must be disallowed when it would result in unfair discrimination and you can oppression to specific kinds of men and women whoever rights is actually equally covered by legislation. Brand new process of law have the responsibility so you can demand new legislation out-of breakup as published by our elected representatives on condition that he or she is constitutional.